Practice Relating to Rule 134. Women
In 2011, in a table entitled “Rights of Women” included in the National Action Plan for the Protection and Promotion of Human Rights in Sri Lanka 2011–2016, the Government of Sri Lanka stated:
7. Women affected by conflict
7.1 Ensure the effective reintegration of women ex-combatants into society.
7.1.a Need to reintegrate women ex-combatants into society.
Continue effective implementation (including adequate resources) of Government plans for the reintegration of ex-combatants to ensure effective reintegration of women ex-combatants.
In 2012, in a section entitled “Theme area: Human Rights” of its National Plan of Action to Implement the Recommendations of the Lessons Learnt and Reconciliation Commission, which also includes a section entitled “Theme area: International Humanitarian Law Issues”, Sri Lanka’s Government stated:
9.92 – Establish an Inter-Agency Task Force mandated to address in a comprehensive manner the needs of women … affected by conflict, and provide necessary relief
Implement activities identified in the NHRAP [National Action Plan for the Promotion and Protection of Human Rights] to achieve this objective.
Sri Lanka’s Code of Criminal Procedure (1979), taking into account amendments up to 2006, states:
(1) Where a woman convicted of an offence punishable with death alleges that she is pregnant, or where the court before whom a woman is so convicted thinks it expedient that the question whether or not the woman is pregnant should be determined, such question shall, before sentence is passed on her, be determined –
(a) if the woman is convicted after trial at Bar by three Judges of the High Court without a jury, by those Judges; or
(b) if the woman is convicted after trial by jury, by the jury who returned the verdict of guilty, and the members of such jury need not be re-sworn.
(4) If the finding is that the woman is pregnant, the court shall pronounce on her in lieu of the sentence of death a sentence of imprisonment as provided by section 54 of the Penal Code.